TMI Blog2011 (1) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... e very basis and foundation for issue of reassessment notice have ceased to exist - Consequently, the writ petition is allowed and the notice issued vide annexure E dated January 28, 1987, is quashed - W.P. (C) No. 1232 of 1987. - - - Dated:- 7-1-2011 - DIPAK MISRA, SANJIV KHANNA JJ Prem Nath Monga and Manu Monga for the Petitioner. Ms. Rashmi Chopra for the Respondent. JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 203/23/85-IT (Inv.) dated January 2, 1986, had withdrawn the approval to M/s. K. M. Scientific Research Centre, for the purpose of section 35(1)(ii), with effect from January 17, 1980. 3. In view of the above information, I had reason to believe that income chargeable to tax had escaped assessment and hence proceedings for reassessment had been initiated. 4. Notice under section 143(2) has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been approved by the Indian Council of Agricultural Research, the prescribed authority for the purposes of clause (ii) of sub-section (1) of the section 35 of the Income-tax Act, 1961. Institution K. M. Scientific Research Centre, Masonda, Motinagar, Faizabad (U.P.) This notification is effective for a period of 3 (three) year from 17-1-1980 to 16-1-1983. (M. K. Pandey) Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner-assessee has also commended the decision of the Bombay High Court in Ramdas Maneklal Gandhi v. Union of India [2000] 241 ITR 437 wherein the High Court of Bombay has held that the notification granting benefit cannot be retrospectively withdrawn. 6. As advised, at present, we are not referring to this decision of the Bombay High Court because the notification dated January 2, 198 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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